The recent ruling of the Court of Cassation, No. 25073 of September 18, 2024, offers crucial insights into mild adoption and the necessity of appointing a special guardian in proceedings involving minors. The Court clarified that the omission of such an appointment results in the nullity of the judgment, emphasizing the importance of ensuring the best interest of the minor.
In the case examined, the Juvenile Court of Palermo had ordered the adoption of the minor E.E. by a couple of uncles, C.C. and B.B. However, the biological mother D.D. and the grandmother A.A. challenged the decision, raising questions regarding the legitimacy of the procedure and the failure to appoint a special guardian for the minor. The Court of Appeal rejected the appeals, but the issue reached the Court of Cassation, where the lack of procedural guarantees for the minor was highlighted.
The appointment of a special guardian is deemed necessary to ensure the best interest of the minor.
The Court established that the appointment of a special guardian is essential in situations of conflict of interest, even if there is no explicit conflict between the minor and the parents. In this case, the mother had been declared unfit for parental responsibility, and the father was not even identified. Consequently, a legal representative for the minor was necessary to protect their interests in the adoption process.
The ruling of the Court of Cassation highlights the importance of an adoption procedure that not only adheres to legal norms but also ensures the respect of minors' rights. The Court emphasized that every decision must be made with consideration for the stability and well-being of the minor, and that the lack of a special guardian could compromise the proper conduct of the proceedings.
In conclusion, the ruling No. 25073/2024 of the Court of Cassation represents an important precedent in the field of adoption, reminding all legal practitioners of the importance of protecting minors and the necessity of ensuring that every voice is heard in such a delicate process. The appointment of a special guardian should not be seen as a mere bureaucratic fulfillment, but as a fundamental tool for safeguarding the interests of the minor.
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abduction of minors abuse acceptance acceptance of inheritance accumulation of claims action for reduction adjustments adoptability adoption adult children adults adversarial proceeding agreements agricultural contract agriculture alimony allocation of the marital home allowance review ascendants assessment notice assignment of family home assisted negotiation autonomy bare ownership Bergamo best interest of the child best interests of the child biological truth biparentality birth grant building cooperative burden of proof cancellation capacity to understand case law Cassation Cassation ruling change of residence charge child abduction child custody child hearing child protection Child Rights child support child's best interest child's hearing children children's needs children's rights children's welfare children’s rights civil law civil liability civil status acts civil union co-declarant co-ownership co-parenting cohabitation cohabitation more uxorio collation compensatory 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